Terms & Conditions
Ownership of Website and Your Agreement to our Terms &
Conditions of Use
These Terms and Conditions of Use
("Terms of Use") apply to our website www.Muscle-Nation.eu and
all associated web sites linked to www.Muscle-Nation.eu (collectively,
the "Site") by MN, its parents, subsidiaries,
and/or affiliates (collectively, "the Company"). The Site
is the property of the Company. By using the site, you agree to these
Terms of Use. If you do not agree, do not use the Site. The Company
reserves the right, at its sole discretion, to change, modify, add or
remove portions of these Terms of Use at any time. It is your
responsibility to check these Terms of Use periodically for changes.
Your continued use of the Site following the posting of changes will
mean that you accept and agree to the changes. As long as you comply
with these Terms of Use, the Company grants you a personal,
non-exclusive, non-transferable, limited privilege to enter and use
the Site.
Arbitration Notice
Except for
certain types of disputes described in the arbitration clause below,
you agree that disputes between you and the Company will be resolved
by mandatory binding arbitration and you waive any right to
participate in a class-action lawsuit or class-wide arbitration.
Content & Trademarks
All text,
graphics, user interfaces, visual interfaces, photographs,
trademarks, logos, sounds, music, artwork and computer code,
including but not limited to the design, structure, selection,
coordination, expression, "look and feel" and arrangement
of such content, contained on the Site (collectively, "Content")
is owned, controlled or licensed by or to the Company and is
protected by trade dress, copyright, patent and trademark laws and
various other intellectual property rights and unfair competition
laws.
Certain trademarks, trade names, service marks and
logos used or displayed on the Site are registered and unregistered
trademarks, trade names and service marks of the Company and its
affiliates, and other trademarks, trade names and service marks used
or displayed on the Site are the registered and unregistered
trademarks, trade names and service marks of their respective owners
(collectively, "Trademarks"). Nothing in these Terms of Use
or otherwise provided on the Site grants or should be construed as
granting, by implication, estoppel or otherwise, any license or right
to use any of the Trademarks without express prior written consent of
the Company or such other owner. Neither the Company's name nor any
of the Trademarks may be used in any way, including but not limited
to any advertising or publicity regarding distribution of materials
on the Site, without the Company's prior written consent. Without
limiting the generality of the foregoing, the Company prohibits the
use of its name or any Trademarks as a link to any website unless
such link is approved in advance by the Company in
writing.
Permitted use of the Site & it's
Content
Except as expressly provided in these Terms of
Use, no part of the Site and no Content may be used, copied,
reproduced, republished, uploaded, posted, publicly displayed,
encoded, translated, transmitted or distributed in any way, including
mirroring, to any other computer, server, web site or other medium
for publication or distribution or for any commercial enterprise
without the Company's express prior written consent. You may use
information on the Company's products and services that is purposely
made available by the Company for downloading from the Site, provided
that you (i) do not remove any proprietary notice language in all
copies of such documents; (ii) use such information only for your
personal, non-commercial informational purpose and do not copy or
post such information on any networked computer or broadcast it in
any media, (iii) make no modifications to any such information, and
(iv) do not make any additional representations or warranties
relating to such information.
Hacking, Viruses and
Other Offenses
You must not misuse the Site by
knowingly introducing viruses, Trojans, worms, logic bombs or other
material which is malicious or harmful. You must not attempt to gain
unauthorized access to the Site, the server on which the Site is
stored, or any server, computer or database connected to the Site.
You must not attack the Site via a denial-of-service attack or a
distributed denial-of-service attack. By breaching this provision,
you may commit a criminal offense. The Company will report any such
breach to the relevant law enforcement authorities and will cooperate
with those authorities by disclosing your identity to them. In the
event of such a breach, your right to use the Site will cease
immediately.
The Company will not be liable for any loss
or damage caused by a distributed denial-of-service attack, viruses
or other harmful material that may infect your computer equipment,
computer programs, data or other proprietary material due to your use
of the Site or your downloading any material posted on the Site or
any third-party website linked to the Site.
User
Content
From time to time, the Company may provide
interactive services on the Site, including but not limited to chat
rooms, bulletin boards, blogs and forums. The Company disclaims any
obligation to oversee, monitor or moderate any interactive services
provided on the Site, and in no event shall the Company be liable for
any loss or damage arising from the use of any interactive service by
a user in contravention with the Company's content standards. If you
post any content to the Site, you hereby grant the Company and its
affiliates and licensees a worldwide, royalty-free, perpetual,
irrevocable, non-exclusive right and license to use, reproduce,
publicly display, publicly perform, modify, sublicense, and
distribute such content and incorporate it in other works, in whole
or in part, in any manner and any media now known or hereafter
developed. You grant the Company and its affiliates and licensees the
right to use the name that you submit in connection with such
content, if they choose. You represent and warrant that you own such
content or otherwise have sufficient rights in the content to grant
the foregoing license without infringing or violating the rights of
any third party; that the content is accurate; that use of the
content you supply does not violate this policy and will not cause
injury to any person or entity; and that you will indemnify the
Company for all claims resulting from the content you supply. The
Company has the right but not the obligation to monitor and edit or
remove any activity or content. The Company takes no responsibility
and assumes no liability for any content posted by you or any third
party.
User Content Standards
The
following standards apply to any and all material which you
contribute to the Site ("Contributions") and to any
associated interactive services:
Contributions
must:
- Be accurate (when they state
facts);
- Be genuinely held (when they state
opinions); and
- Comply with applicable laws in
Malta, Europe and in any country from which they are
posted.
Contributions must not:
- Contain any material that is defamatory, obscene, offensive,
hateful or inflammatory;
- Promote violence or any
illegal activity;
- Infringe any copyright,
trademark, or other intellectual property right of any other
person;
- Be made in breach of any legal duty owed
to any other person, such as a contractual or other duty of
confidence
- Abuse or invade another person's
privacy or cause annoyance, inconvenience or needless anxiety
- Be used to impersonate any person or misrepresent your identity or
affiliation with any person; or
- Give the
impression that they emanate from the Company, if that is not the
case.
The Company will determine, in its sole discretion,
whether there has been a breach of these content standards through
your use of the Site. When the Company determines that a breach has
occurred, the Company may take such action as it deems appropriate,
including but not limited to one or more of the following:
- Immediate, temporary or permanent withdrawal of your right to use
the Site;
- Immediate, temporary or permanent
removal of any Contribution by you
- Legal
proceedings against you for reimbursement of all costs (including but
not limited to administrative and legal costs) incurred by the
Company resulting from the breach; and
- Disclosure
of such information to law enforcement authorities as the Company
deems reasonably necessary
In no event shall the Company
be liable for any actions taken in response to any breach of these
content standards.
Other Terms &
Conditions
Additional terms and conditions may apply
specific portions or features of the Site, including contests,
promotions or other similar features, all of which are made a part of
these Terms of Use by this reference. You shall abide by such other
terms and conditions, including where applicable representing that
you are of sufficient legal age to use or participate in such service
or feature. If there is a conflict between these Terms of Use and the
terms posted for or applicable to a specific portion of the Site or
for any service offered on or through the Site, the latter terms
shall control with respect to your use of that portion of the Site or
the specific service. The Company's obligations, if any, with regard
to its products and services are governed solely by the agreements
pursuant to which they are provided, and nothing on this Site should
be construed to alter such agreements. The Company may make changes
to any products or services offered on the Site at any time without
notice. The materials on the Site with respect to products and
services may be out of date, and the Company makes no commitment to
update the materials on the Site with respect to such products and
services except as required by applicable law.
Certain
weights, measures and similar descriptions are approximate and are
provided for convenience purposes only. The Company makes reasonable
efforts to accurately display the attributes of products, including
the applicable colors; however, the actual color you see will depend
on your computer system, and the Company cannot guarantee that your
computer will accurately display such colors.
Health
Related Information
Information and statements
regarding dietary supplements are obtained to the relative brand's
website and have not been evaluated by the Food Authority or
Medicines Authority. This information and statements are not intended
to diagnose, treat, cure, or prevent any disease. You should read
carefully all product labels and packaging prior to use. Information
available on or through the Site is not meant to substitute the
advice provided by your doctor or other health care professional. You
should not use the information available on or through the Site,
including but not limited to information that may be provided by
healthcare or nutrition professionals, for diagnosing or treating a
health condition or disease.
Security, Accounts &
Passwords
Certain features or services offered on or
through the Site may require you to open an account. You are entirely
responsible for maintaining the confidentiality of the information
you hold for your account, including your password, and for any and
all activity that occurs under your account. You shall notify the
Company immediately of any unauthorized use of your account or
password, or any other breach of security. You may be held liable for
losses incurred by the Company or any other user of or visitor to the
Site due to someone else using your account as a result of your
failing to keep your account information secure and confidential. You
may not use anyone else's account at any time without the express
permission and consent of the holder of that account. The Company
cannot and will not be liable for any loss or damage arising from
your failure to comply with these obligations.
Privacy
Your
use of the Site and any information provided by you or gathered by
the Company or third parties during any visit to or use of the Site
is governed by the Company's Privacy Policy which is incorporated by
this reference. You agree to the Company's collection, use and
sharing of your information as set forth in the Privacy Policy.
By
using the Site, you acknowledge and agree that Internet transmissions
are never completely private or secure. You understand that any
message or information that you send to the Site may be read or
intercepted by others, even if there is a special notice that a
particular transmission (for example, credit card information) is
encrypted.
Links to the Site
MN
prohibits the creation or maintenance of any link from another
website to the Site or any portion thereof without MN
prior written consent. Similarly, MN prohibits the
running or displaying of this Site or any Content in frames or
through similar means on another website without MN prior
written permission. Any permitted links to the Site must comply with
all applicable laws, rules and regulations.
Links to
Other Sites
The Company prohibits the creation or
maintenance of any link from another website to the Site or any
portion thereof without the Company's prior written consent.
Similarly, the Company prohibits the running or displaying of this
Site or any Content in frames or through similar means on another
website without the Company's prior written permission. Any permitted
links to the Site must comply with all applicable laws, rules and
regulations.
Disclaimers
The Company
does not promise that the site or any content will be error-free or
uninterrupted or that any defects will be corrected or that your use
of the Site will provide specific results. The Site and its content
are delivered on an "as-is" and "as-available"
basis. To the fullest extent permitted by applicable law, the Company
disclaims all warranties of any kind, whether express or implied,
including any warranties of accuracy, non-infringement,
merchantability and fitness for a particular purpose, with regard to
the Site and any products or services listed or purchased on or
through the Site. The Company further disclaims any and all liability
for the acts, omissions and conduct of any third parties in
connection with or related to your use of the Site. You assume total
responbility for your use of the Site and any linked sites. In the
event of any problem with the Site, your sole remedy against the
Company for dissatisfaction with the Site or any content is to stop
using the Site or any such content. These limitations of relief are a
part of the bargain between the parties.
The Company
reserves the right to do any of the following, at any time, without
notice:
(i) modify, suspend or terminate operation
of or access to the Site or any portion of the Site;
(ii) modify or change the Site, or any portion of the Site, and any
applicable policies or terms; and
(iii) interrupt
the operation of the Site, or any portion of the Site, as necessary
to perform routine or non-routine maintenance, error correction, or
other changes.
Limitation of Liability
Except
where prohibited by law, in no event will the Company be liable to
you for any indirect, consequential, exemplary, incidental or
punitive damages, including lost profits, even if the Company has
been advised of the possibility of such damage.
Violation
of Terms of Use
The Company may, in its sole
discretion and without prior notice, terminate your access to the
Site and/or block your future access to the Site if it determines
that you have violated these Terms of Use or other agreements or
guidelines which may be associated with your use of the Site. Any
violation by you of these Terms of Use will constitute an unlawful
and unfair business practice and will cause irreparable harm to the
Company for which monetary damages would be inadequate. You consent
to the Company obtaining any injunctive or equitable relief should
the Company deem such action to be necessary or appropriate in such
circumstances. These remedies are in addition to any other remedies
that the Company may have at law or in equity.
If the
Company takes any legal action against you as a result of your
violation of these Terms of Use, the Company will be entitled to
recover from you, and you shall pay, all reasonable attorneys' fees
and costs of such action in addition to any other relief granted to
the Company. Under no circumstance will the Company be liable to you
or any third party for termination of your access to the Site as a
result of any violation of these Terms of Use.
Disputes;
Arbitration Agreement; Class Waiver; Waiver of Trial by Jury;
Governing Law; Jurisdiction
Any disagreements between
you and the Company will be governed by the laws of Malta (Europe).
Any disputes should be handled in Malta.
Void Where
Prohibited
The Company administers and operates the
Site from its location in Birkirkara, Malta. Other Company sites may
be administered and operated from various locations outside Malta.
Although the Site is accessible worldwide, not all features, products
or services discussed, referenced, provided or offered through or on
the Site are available to all persons or in all geographic locations,
or appropriate or available for use outside Malta. The Company
reserves the right to limit, in its sole discretion, the provision
and quantity of any feature, product or service to any person or
geographic area. Any offer for any feature, product or service made
on the Site is void where prohibited. If you choose to access the
Site from outside Malta, you do so on your own initiative and you are
solely responsible for complying with applicable local
laws.
Miscellaneous
If any of the
provisions of these Terms of Use are held by a court or other
tribunal of competent jurisdiction to be void or unenforceable, such
provisions shall be limited or eliminated to the minimum extent
necessary and replaced with a valid provision that best embodies the
intent of these Terms of Use so that these Terms of Use shall remain
in full force and effect. These Terms of Use constitute the entire
agreement between you and the Company with regard to your use of the
Site, and any and all other written or oral agreements or
understandings previously existing between you and the Company with
respect to such use are hereby superseded and cancelled. The Company
will not accept any counter-offers to these Terms of Use, and all
such offers are hereby categorically rejected. The Company's failure
to insist on or enforce strict performance of these Terms of Use
shall not be construed as a waiver by the Company of any provision or
any right it has to enforce these Terms of Use, nor shall any course
of conduct between the Company and you or any other party be deemed
to modify any provision of these Terms of Use. These Terms of Use
shall not be interpreted or construed to confer any rights or
remedies on any third parties.
Feedback &
Information
Any feedback you provide at the Site shall
be deemed to be non-confidential. The Company shall be free to use
such information on an unrestricted basis. The information contained
in the Site is subject to change without notice.